Sandiganbayan clears Relampagos of PDAF-Related Charges
Published Feb 6, 2019 03:12 pm
By Czarina Nicole Ong
Despite his fugitive status, former Department of Budget and Management (DBM) Undersecretary for Operations Mario Relampagos scored a minor victory before the Sandiganbayan First Division as his demurrer to evidence was granted.
(MANILA BULLETIN)
A demurrer to evidence is an act contesting that the prosecution's evidence is not sufficient to render a guilty verdict. If the court approves it, then the case is dropped.
Relampagos is facing over 300 counts of pork barrel scam-related cases before different divisions of the Sandiganbayan.
In the First Division, he has four charges - two for violation of Section 3(e) of R.A. 3019, also known as the Anti-Graft and Corrupt Practices Act, and another two for Article 217 of the Revised Penal Code, also known as malversation.
This was in relation to the reportedly anomalous endorsement of Countrywide Agri and Rural Economic Development Foundation Inc. (CARED) as a partner in the implementation of the priority development and assistance fund (PDAF) projects of ex-Cagayan de Oro Rep. Constantino Jaraula amounting to P28,800,000.
In his demurrer, Relampagos argued that the prosecution failed to establish all the elements of the crime charged. He said there was no evidence presented to prove that he and his co-accused facilitated the release of the PDAF fund, save for his signatures at the Special Allotment Release Order (SARO) and Notice of Cash Allowance (NCA).
Relampagos maintained that signing these documents was part of his duties and responsibilities as DBM Undersecretary and cannot be considered as undue accommodation of any private individual.
He added that the testimony of whistleblower Benhur Luy is nothing but "hearsay," especially when it comes to Relampagos' contact with businesswoman Janet Lim Napoles - the purported mastermind behind the pork barrel scam.
For its part, the Sandiganbayan resolved to grant his demurrer after an assiduous review of both testimonial and documentary evidence. The court said that it is "not sufficient to warrant the conviction of accused Relampagos."
The court ruled that the mere act of signing the SAROs and NCAs, absent any other proof that it was done with unlawful intent or evil motive, cannot be considered as evident bad faith or a display of manifest partiality.
"This negates any inference of conspiracy on the part of accused Relampagos, as it appears that his act of signing was not intended towards a joint purpose or design, but was a mere result of chance," the resolution read.
The Sandiganbayan also hit the prosecution for disregarding the contribution of other bureaus or officials of the DBM in the processing and release of the PDAF funds.
As for the alleged familiarity between Relampagos and Napoles, the court said it is insufficient proof of conspiracy. "The testimony of Luy that Napoles informed him that Relampagos was their contact in the DBM is considered hearsay, and thus, inadmissible as evidence," the court ruled.
Meanwhile, the Sandiganbayan also granted the demurrer to evidence of former Technology and Livelihood Resource Center deputy director general Dennis Lacson Cunanan because of the failure of the prosecution to prove his guilt beyond reasonable doubt.
He was cleared of his three graft and three malversation charges, also of the same case.
The 35-page resolution was penned by Chairperson Efren De La Cruz with the concurrence of Associate Justices Geraldine Faith Econg and Edgardo Caldona.
On May 13, 2015, the anti-graft court already dismissed one graft and one malversation charge against Relampagos in relation to the same case due to lack of probable cause.
He was allowed to travel to the United States from December 2, 2017 up to January 1, 2018, but he failed to return. Since then, the court has declared him a fugitive from justice.
(MANILA BULLETIN)
A demurrer to evidence is an act contesting that the prosecution's evidence is not sufficient to render a guilty verdict. If the court approves it, then the case is dropped.
Relampagos is facing over 300 counts of pork barrel scam-related cases before different divisions of the Sandiganbayan.
In the First Division, he has four charges - two for violation of Section 3(e) of R.A. 3019, also known as the Anti-Graft and Corrupt Practices Act, and another two for Article 217 of the Revised Penal Code, also known as malversation.
This was in relation to the reportedly anomalous endorsement of Countrywide Agri and Rural Economic Development Foundation Inc. (CARED) as a partner in the implementation of the priority development and assistance fund (PDAF) projects of ex-Cagayan de Oro Rep. Constantino Jaraula amounting to P28,800,000.
In his demurrer, Relampagos argued that the prosecution failed to establish all the elements of the crime charged. He said there was no evidence presented to prove that he and his co-accused facilitated the release of the PDAF fund, save for his signatures at the Special Allotment Release Order (SARO) and Notice of Cash Allowance (NCA).
Relampagos maintained that signing these documents was part of his duties and responsibilities as DBM Undersecretary and cannot be considered as undue accommodation of any private individual.
He added that the testimony of whistleblower Benhur Luy is nothing but "hearsay," especially when it comes to Relampagos' contact with businesswoman Janet Lim Napoles - the purported mastermind behind the pork barrel scam.
For its part, the Sandiganbayan resolved to grant his demurrer after an assiduous review of both testimonial and documentary evidence. The court said that it is "not sufficient to warrant the conviction of accused Relampagos."
The court ruled that the mere act of signing the SAROs and NCAs, absent any other proof that it was done with unlawful intent or evil motive, cannot be considered as evident bad faith or a display of manifest partiality.
"This negates any inference of conspiracy on the part of accused Relampagos, as it appears that his act of signing was not intended towards a joint purpose or design, but was a mere result of chance," the resolution read.
The Sandiganbayan also hit the prosecution for disregarding the contribution of other bureaus or officials of the DBM in the processing and release of the PDAF funds.
As for the alleged familiarity between Relampagos and Napoles, the court said it is insufficient proof of conspiracy. "The testimony of Luy that Napoles informed him that Relampagos was their contact in the DBM is considered hearsay, and thus, inadmissible as evidence," the court ruled.
Meanwhile, the Sandiganbayan also granted the demurrer to evidence of former Technology and Livelihood Resource Center deputy director general Dennis Lacson Cunanan because of the failure of the prosecution to prove his guilt beyond reasonable doubt.
He was cleared of his three graft and three malversation charges, also of the same case.
The 35-page resolution was penned by Chairperson Efren De La Cruz with the concurrence of Associate Justices Geraldine Faith Econg and Edgardo Caldona.
On May 13, 2015, the anti-graft court already dismissed one graft and one malversation charge against Relampagos in relation to the same case due to lack of probable cause.
He was allowed to travel to the United States from December 2, 2017 up to January 1, 2018, but he failed to return. Since then, the court has declared him a fugitive from justice.